Court orders ‘Remain in Mexico’ policy reinstated

WASHINGTON >> The Supreme Court on Tuesday refused to block a court ruling ordering the Biden administration to reinstate a Trump-era policy that forces people to wait in Mexico while seeking asylum in the U.S.

With the three liberal justices in dissent, the court said the administration likely violated federal law in its efforts to rescind the program informally known as Remain in Mexico.

It’s not clear how many people will be affected and how quickly. Under the lower court ruling, the administration must make a “good faith effort” to restart the program.

A federal judge in Texas had previously ordered that the program, formally called Migrant Protection Protocols, be reinstated last week. Both he and the 5th U.S. Circuit Court of Appeals refused the administration’s request to put the ruling on hold.

Justice Samuel Alito ordered a brief delay to allow the full court time to consider the administration’s appeal to keep the ruling on hold while the case continues to make its way through the courts.

The 5th Circuit ordered expedited consideration of the administration’s appeal.

The court offered little explanation for its action, although it cited its opinion from last year rejecting the Trump administration’s effort to end another immigration program, Deferred Action for Childhood Arrivals. In that case, the court held that the decision to end DACA was “arbitrary and capricious,” in violation of federal law.